City lawyer Assa Nyakundi will now face murder charges after a court declined to stop DPP from charging him with murder.
High Court Judge Daniel Ogembo on Monday dismissed Nyakundi’s application seeking to stop the Director of Public Prosecution (DPP) Noordin Haji from withdrawing murder charges and instead charging him with
In his ruling, Justice Ogembo said that Nyakundi’s application lacked merit, and that DPP did not abuse the legal process by instituting the murder charge against him.
“I am not convinced that the filling of the murder charged herein in the circumstance under which the same was done amount to an abuse of the legal process on the part of Nyakundi,” ruled Ogembo.
In January 2020, the DPP sought to terminate manslaughter charges against Nyakundi, and instead, substitute with the murder of his son, Joseph Bogonko.
Nyakundi was on April 26, 2019 charged with manslaughter after he allegedly shot his son on March 17, 2019 in Nairobi.
According to a police report filed at Muthaiga Police Station, Nyakundi and his son were heading home after church when he accidentally shot and killed his 29-year-old son, inside their family car.
Nyakundi said that he was holstering his gun when he accidentally pulled the trigger, shooting his son, who was sitting in the back seat, in the chest.
Nyakundi is out after he was released on a KSh1 million bond or KSh300,000 cash bail.
Nyakundi is among the lawyers who are currently representing politician Mike Sonko against a raft of charges ranging from robbery with violence to terrorism.
